Terms of Service

About this document

1. kollektive.io is operated by Kollektive.io Ltd (we, us, our). We are registered in England and Wales under company number 11661845 and have our registered office at The Bristol Office, 2nd Floor 5 High Street, Westbury-On-Trym, Bristol BS9 3BY, UK.
2. This document (together with the documents referred to in it) tells you the terms of service (Terms) which apply to browsing of our website www.kollektive.io (Website) and to the creation of a user account to access other information and services that are made available to you (Service(s)). The Terms apply whether you are a website visitor or a registered user and, unless stated otherwise, any new features, offers or services that we offer will be subject to these Terms.

Description of service

1. Our Service is web-based and allows users that register for an account (each an Account Holder) to access our Service. The Services that are available to you depend on your role and your relationship with us.

   User role	Description of Service
   Subscriber: either Scout, Founder or Chief	The creation of an account to subscribe for our online spaces where you can build, test and monitor your business model (a Kollektive). Different service components and features apply to different subscription models as described on our pricing page.
   Member	The creation of an account allowing you to accept an invitation from a Subscriber to read, annotate, edit and contribute to a Kollektive.
   Guest	The creation of an account allowing you to accept an invitation from a Subscriber to read the content of a Kollektive.

2. An Account Holder may subscribe for any number of Kollektives and may have a number of roles as a Subscriber, Member or Guest to different Kollektives. A Member or Guest only has access to a Kollektive on invitation from a Subscriber.
3. Our Service may include certain communications from us, such as service announcements, administrative messages and marketing information including information we think may be of interest, new features and pricing information.
4. In order to browse our Website and use the Service, you must arrange for access to the Internet and provide all equipment necessary to make such connection. You should use your own virus protection software. You agree not to access the Service by any means other than through the interfaces that are provided by us for access. We do not guarantee that our Website and Services will be free from bugs or viruses.
5. From time to time we will update and change the Website and Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Although we try to ensure our Website and Services are available 24/7, we cannot guarantee this. We may suspend or withdraw or restrict the availability of all or any part of our Website or Services without notice for any reason.

Account registration

1. You may only register to become an Account Holder if you are aged 18 or over.
2. To register to be an Account Holder you must provide us with the information requested on the account registration pages of our Website (Registration Data). The information requested will vary depending on your relationship with us but will include personal data: see our Privacy Notice for details of how we use and look after your personal data.
3. You agree to provide true, accurate, current and complete information as prompted by the Service's registration form, which you must maintain and promptly update as applicable. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that this is the case, we have the right to refuse to register, suspend or terminate your account and refuse any and all current or future use of our Services.
4. As an Account Holder, you are responsible for maintaining the confidentiality of your account password and your account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us by emailing [email protected] of any unauthorised use of your password or account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this clause 3.4.

Charges and payment

1. There is no charge for browsing our Website or becoming an Account Holder. Depending on the subscription selected, monthly fees are payable by Subscribers for Kollektives.
2. All fees are quoted inclusive of VAT and are payable monthly in advance. We will issue a reminder of an upcoming payment and a VAT invoice for each monthly payment.
3. Subscription fees are charged on a recurring monthly basis until you cancel your subscription. You may cancel your subscription(s) in the settings section of your user account. We will not refund any payments (or part payments) already made on cancellation.
4. You may also alter or add to your subscription(s) in the settings section of your user account. Additions to your subscriptions will be billed pro rata to your next monthly payment date.
5. All payments made through our Services are processed by our third party payment provider and its affiliates: Stripe Payments Europe, Ltd. In processing payment transactions, Stripe acts as our data processor but in carrying out fraud monitoring, prevention and detection services, Stripe acts as controller and may monitor insights and patterns of payment transactions and other online signals to reduce the risk of fraud, money laundering and other harmful activity. This activity is carried out in accordance with the Stripe Global Privacy Policy. We will not have access to your payment card details at any time.

Cancellation and termination

1. You may cancel your subscription to a Kollektive at any time in accordance with clause 4.3. Cancellation will be effective the day prior to the date that your next monthly payment would have been due but for cancellation.
2. After cancellation or termination of a subscription to a Kollektive, provided that you still have your user account, we will retain all data, content, information or contributions in your Kollektive (Content Data).
3. Provided that you do not have any active subscriptions to a Kollektive, you may close your user account at any time by contacting [email protected]. If you do not have any active subscriptions to a Kollektive and your user account remains inactive for a period of two years from last log-in, we will contact you and give you not less than 30 days notice of closure of your user account. Your user account will be closed if you do not reactivate your user account by logging-in during the notice period.
4. On closure of your user account, we will retain your Content Data for a period of 30 days during which you may request an export of your Content Data by emailing [email protected], thereafter your Content Data will be deleted. You should make sure that you have taken a copy of any Content Data that you wish to retain before closure of your user account is effective.
5. We may, on reasonable notice, in our sole discretion and at any time, obsolete or discontinue providing the Services, or any part of them.
6. We may, in our sole discretion, terminate your account, for any reason, including and without limitation, if we believe the information you have provided to us is not true, accurate, current and complete or if we believe that you have acted in a fraudulent manner or otherwise violated these Terms. We will not be liable to you or any third-party for any termination of your access to the Service.

Content data and acceptable content standards

1. As between us and any Subscriber, the Subscriber owns all rights in and the Subscriber has responsibility for ensuring the legality, reliability, integrity, accuracy and quality of Content Data.
2. As between a Member and a Subscriber, the Member retains copyright in his/her contributions to a Kollektive. The Subscriber can accept Member contributed content or may choose to delete it. Member gives Subscriber the right to share, publish, integrate with other solutions or further utilise any content he/she submits to a Kollektive as part of that Kollektive but no right to use that content otherwise.
3. Whether you are a Subscriber or Member, you must comply with the following acceptable content standards when submitting content to a Kollektive:
   
   You must ensure any data or information you submit or send to a Kollektive is:
   • accurate (where it states facts);
   • is genuinely held (where it states opinions); and
   • complies with applicable law in any country from which it is posted.
   You agree:
   • to provide precise, accurate, reliable and appropriate data to a Kollektive at all times;
   • to permanently delete and cease use of any third party data you have gained access to via a Kollektive (i.e. data that would not have already been in your possession) promptly upon the closure of your user account; and
   • that the content and materials accessible via a Kollektive are likely to be confidential (unless shared publically by the Subscriber) and may also be protected by intellectual property rights around the world.
   Any data or information you submit or send to a Kollektive must not:
   • be unlawful, harmful, threatening, defamatory, obscene, deceitful, infringing, harassing, morally repugnant or racially or ethnically offensive;
   • facilitate illegal activity;
   • depict sexually explicit images;
   • promote violence;
   • be discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age;
   • infringe any copyright, database right, trade mark or any other intellectual property right of any other person; or
   • conceal identity or be likely to deceive any person.
4. You grant us and our sub-contractors a non-exclusive, non-transferable licence to use the Content Data in any manner necessary for the provision of the Services.
5. You agree to indemnify us and our officers, directors and partners from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your Content Data and your use of the Service. You are solely responsible for your actions when using the Service.

Personal data and privacy

1. We process the personal data you give us when you sign up to become an Account Holder and subscribe for our Services as a data controller to enable you to make use of our Services and to ensure the security of your account. Our Privacy Notice and Cookie Notice explain in detail the personal data we collect, how we use your personal data, with whom we share your personal data, how we maintain security of your data and your rights in relation to the personal data we hold about you.
2. We will only send you marketing information where we have a lawful basis to do so, including, if required, your consent. You have a right to opt out of marketing communications at any time by contacting us at [email protected].
3. Before entering the name and email address of any person into the Services for the purposes of inviting them to become a Member or Guest, you must ensure that you are legally allowed to share that personal data with us and that you have consent (if required) from that person to receive email communications via the Services.
4. To the extent that any Content Data contains personal data, the parties acknowledge that the Subscriber is the controller of that personal data and we are a processor. As such we will process that data in accordance with the provisions of the Data Processing Annex attached to these Terms.
5. Before entering any personal data into a Kollektive, you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of personal data to us for the duration and purposes of a subscription to a Kollektive and so that we may carry out the data processing required as part of the Services.

Viruses, hacking and other offences

1. You must not misuse our Website and Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website and Services, the server on which they are stored or any server, computer or database connected to our Services. You must not attack our Website and Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website, our Services or to your downloading of any material posted on it, or on any website linked to it.

Third party sites

1. Where our Website and Services contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
2. We have no control over the contents of those sites or resources and they will have their own terms of use and privacy notices, which you should review. We do not endorse and are not liable for any content, advertising, products, or other materials on or available from such sites or resources.

Intellectual property rights

1. As between you and us, we or our third party licensors are the owner of all intellectual property rights in the Services and the Website. These works are protected by copyright laws and treaties around the world. All such rights are reserved. Except as expressly authorised by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Website, in whole or in part.
2. The intellectual property rights in the canvases and certain other material published on our Website may be owned by third parties. Where this is the case, we have identified the third party owner and, where applicable, have identified the licence and any terms governing your use of that content.
3. Subject to clause 10.2, you may print off and may download extracts of any page(s) from our Website or from the Services for your personal use or in the ordinary course of your business of creating business models and you may draw the attention of others to content posted on our Website and in your Kollektives. Other than as permitted by the functionality of the Services and subject to clause 10.2, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified third party contributors) as the authors of canvases or other content on our Website must always be acknowledged and copyright notices must be retained on transmitted or printed items.
4. You acknowledge that we will collect data on your use of our Website and Services for performance and service analysis. You grant us a world-wide, royalty-free, non-exclusive, perpetual licence to use non personally identifiable information from such data for the purposes of our business.

Limitations of our responsibilities

1. Our Website and the Services are provided on an "as is" and "as available" basis. We will make reasonable efforts to maintain the Services, however, we are not responsible for any damage, costs, loss of revenue, or other harm to you or your business arising out of unavailability of the Services, mis-delivery or non-delivery of information or communications, restriction or loss of access to the Services or unauthorised or misuse of the Services by you or another due to your sharing of access to the Services.
2. The Services are provided for the purposes of assisting you to put together a business plan and sharing your ideas with others. The Services have not been developed to meet your individual requirements and do not offer advice on which you should rely. You should consider obtaining professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Services. We are not providing you with any financial advice in the provision of the Service.
3. We do not warrant that:
   • the Services will meet your specific requirements;
   • the Services will be uninterrupted or error-free;
   • any products or services purchased or obtained by you through the Service will meet your expectations; and
   • all errors in the Software will be corrected.

Our responsibility for loss or damage suffered by you if you are a customer

1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill in the provision of the Services. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accept these Terms, both we and you knew it might happen.
2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

Our responsibility for loss or damage suffered by you if you are a business

1. Nothing in these terms shall limit or exclude our liability for (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; or (c) any other matter in respect of which it would be unlawful for us to exclude or restrict liability.
2. Subject to clause 13.1:
   • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the provision of the Services; and
   • our total liability to you for all other losses arising under or in connection with the provision of the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the annual fees or charges payable by you for the Kollektive in respect of which the claim arose.

General

1. Failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
2. We may transfer our rights and obligations under these Terms to another organisation. We will tell you if this happens and we will ensure that the transfer will not affect your rights under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
3. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
4. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
5. If you are a business, the English courts will have exclusive jurisdiction over any claim arising from, or related to, these Terms. If you are consumer, you can bring proceedings in the English courts or in a court in the country in which you live. In respect of any infringement of our intellectual property rights, we reserve the right to bring proceedings against you in your country of residence or any other relevant country.

Changes to the terms

We reserve the right to update and change the Terms from time to time by posting the revisions on our Website. If you are an Account Holder, to continue using our Services after any material changes to our Terms, you will need to accept the revised changes when you next log in.

Contact Us

f you have any questions, comments or concerns regarding these Terms please contact us at [email protected].